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Amrit Sharma
Mutual Consent Divorce is understood to be the process of doing divorce
jointly by the husband and wife.
Under mutual consent divorce being united by husband
and wife visiting the court they make a divorce . While
doing divorce with the joint effort of both the wife and husband within two
days the deed of divorce can be made.
If you consent to make a divorce with your wife the divorce procedure is
not lengthy. The divorce can be done within two days.
In Nepal, if under the mutual
consent the mutual consent divorce takes place, then without any criteria also
the application for divorce can be given. And if no mutual consent reaches
, mainly if the husband or wife deserts for three years to each other, evicts
from the home, if the wives cripple the husband giving mental stress, finally
if the husband and wife keep a sexual
relations with another wife and husband, they are allowed to divorce.
If the husband is interested to divorce without the consent of the wife
, he should file an application to nearby district court. While filing the
divorce by the husband the proofs of getting mental physical torture should be
required. After a year time the husband files the case for divorce, divorce is
made.
While the husband asking for a divorce , the court should make the division of
property share in two portions should
separate the wife's property from the property shares of husband, mother –in –
law, father –in –law and all.
In the mutual consent, both husband and wife should present to the court.
If the court makes a divorce by court order, the court services
the time –limit on behalf of the court. If
by taking the time –limit issued by the court , if the person remains absent the case will be finalized one-sided.
In Nepal divorce with an easy and simple way can be accomplished through mutual consent. If upon making
mutual consent related to the property share and maintenance of the child
, meeting the lawyers the divorce can be made in an easy and simple way.
While making divorce in the court the four phases should be crossed. In
the first phase, the application for
divorce should be filed and then the court shall call the opposite party the
husband and wife. In the second phase, the task of examination of evidence will
be taken place. In divorce to make the
oral examination of the witness and with the application of divorce the
documents so presented are scrutinized. In the third phase, the compromise paper
should be sent and the task of discussion over the compromise paper shall be done.
In the final phase, the decision is made.
In the Separation ground, both the husband and wife can apply for
divorce. In Separation, not taking the
consent of both husband and wife deserting each other the husband and wife can apply for divorce.
Upon making battery or the circumstance of
visiting a foreign country for service can be excepted .
In Nepal, while the man
applying for divorce the court in the circumstances of causing physical and
mental torture and the proofs of the wife deserting husband should be
presented. In the situation of the husband being interested to divorce the
good divorce to be taken
In divorce case in Nepal if upon having the mutual consent the divorce
can be done within two days. If no compromise could be reached the court giving
emphasis by the court for divorce within one year for divorce the court can
make divorce through the divorce.
After divorce made, to get remarried the recommendation of
single status is needed. The
recommendation of a single status should
be received from the concerned rural municipality or ward office. While receiving the concerned
ward office, the document of the decision of divorce should be presented to the
concerned ward office.
You can visit to foreign country giving him power of attorney to the
person who is residing to Nepal. The authorized attorney can forward the case
of the divorce ahead.
For the accomplishment of divorce, it is not necessary to get married.
As the marriage can also be done with the social custom, attaching the photo of
getting married the application for divorce shall be filed.
Divorce lawyer fees vary by, Different
provinces District in Nepal. It all really depends on the individual divorce lawyer
you choose. It can start from ten thousand. There isn’t one set rate, so it
is important to consider multiple divorce lawyers before you settle on one.
To save
the expense of divorce, you are advised to be the attorney yourself and to keep
the lawyer for the documentation of case and final pleading.
In the divorce case, through the mutual consent, if the divorce could not be
accomplished, the court can refer to the mediation desk. The mediator will make an effort to compromise with both parties.
The
mediator after consenting to divorce, if the matters related to property and maintenance
of the child could reach to a conclusion
the mediator can cooperate.
1.
The
case of divorce while going on for a long time you should spend much money. If
the mediator themselves could compromise both of the parties the said money can
be saved.
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Experience:
15 Years Experience -
Practices:
Business Law / Corporate Law / Divorce / Property / Criminal Law -
Law Firm:
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Address:
Annamnagar Kathmandu, Province No. 3
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